SC to hear plea for fair proceedings in Kanhaiya's case tomorrow

The Supreme Court tomorrow will hear a plea complaining of inaction of
police against those involved in thrashing journalists, students and
teachers in a city court and seeking a fair trial "free from fear of
violence and prejudice" for JNU Students Union President Kanhaiya Kumar.

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IndiaToday.in

New Delhi

February 16, 2016

UPDATED: February 16, 2016 20:06 IST

Supreme Court of India

The Supreme Court tomorrow will hear a plea complaining of inaction of police against those involved in thrashing journalists, students and teachers in a city court and seeking a fair trial "free from fear of violence and prejudice" for JNU Students Union President Kanhaiya Kumar.

The petition was filed by N D Jaiprakash, alleged that police were a "mute spectator to this brazen display of violence and brute force being perpetrated on innocent persons" who had gathered in the Court premises.

"This petition merely seeks to assure safety of the accused, their relatives, friends, lawyers and journalists while discharging their legal as well as professional obligations," the plea said, adding that "the surcharged and vicious atmosphere" in the Court premises would come in the way of the fundamental right of the accused for a fair trial.

A Bench comprising Chief Justice T S Thakur and Justices R Banumathi and U U Lalit agreed to give urgent hearing to the petition which was mentioned by senior advocate Indira Jaising, who said Kanhaiya Kumar's two days of extended police remand was expiring tomorrow and he will again be produced before the Metropolitan Magistrate at Patiala House court complex which had yesterday witnessed violence.

The petitioner urged the apex court that neccessary directions have to be passed o the Centre and Delhi Police as a congenial atmosphere was imperative for a fair and impartial judicial proceeding, which is a fundamental right of every person under Article 21 of the Constitution.

The petitioner has sought directions for the Ministry of Home Affairs and the police to ensure that the proceedings against Kanhaiya Kumar at the court of Metropolitan Magistrate Loveleen, is carried out in a manner which is not prejudicial to the fundamental rights of the persons.

Giving details of the violence in which JNU teachers, students and journalists, including some female mediapersons, were roughed up by advocates and a politician, the petition said there was a need to ensure that no physical harm or any form of intimidation or disturbance is caused to the accused or any person attending the court in connection with the proceedings.

It has been urged that proper and appropriate action is taken against any person who is obstructing the proceedings against Kanhaiya Kumar before the trial court in any manner.